Protection of a Child‟s Right to Family Relationships under the European Convention of Human Rights
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Abstract
Acknowledging, that family plays the most important role in every child’s development, the entitlement of children to the care of the family is one of the most widely accepted rights of a child. It makes very important to provide a sufficient legal measures, protecting children’s right to family life.
As the European Convention of Human Rights is an effective instrument, providing such safeguards, the aim of this article is to analyse, how it really works in practice, i.e. in the decisions of the European Court of Human Rights. As the article 8 of the Convention protects a person’s right to respect for „family life“, an author seeks to determinate, what kind of relationship between children and his relatives this definition includes. The author also analyses the cases, concerning the position of „illegal“ children, separating children from the family and taking them to the public care, immigration and deportation issues, etc. Ascertaining, that the right of children to preserve family relationships includes protection against unlawful and arbitrary interferences by the state, article tries to determinate the criterias, layed down in a Court’s case law, justifying such an interference.
As the European Convention of Human Rights is an effective instrument, providing such safeguards, the aim of this article is to analyse, how it really works in practice, i.e. in the decisions of the European Court of Human Rights. As the article 8 of the Convention protects a person’s right to respect for „family life“, an author seeks to determinate, what kind of relationship between children and his relatives this definition includes. The author also analyses the cases, concerning the position of „illegal“ children, separating children from the family and taking them to the public care, immigration and deportation issues, etc. Ascertaining, that the right of children to preserve family relationships includes protection against unlawful and arbitrary interferences by the state, article tries to determinate the criterias, layed down in a Court’s case law, justifying such an interference.
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Articles
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
